WILL DELE FAROTIMI GET A FAIR TRIAL IN EKITI STATE? WHO WAS TRYING TO DO ‘JANKARA LAW’ AGAINST HIM? (Ope Banwo, Mayor of Fadeyi and Founder of Naija Lives Matter weighs in on troublesome issues surrounding the Dele Farotimi Vs Afe Babalola Face-Off in the allegation of criminal libel]

Having previously acknowledged that some of Dele Farotimi’s pronouncements in his video and book against Chief Afe Babalola, several eminent lawyers, and indeed the judiciary as a whole, are troubling—and frankly, as an attorney myself, disgusting—I must still assert that everyone deserves a fair trial in our democracy, no matter how egregious their statements might appear at first glance. Though it sounds improbable, even to me, but what if Dele can actually prove his outlandish allegations against Chief Afe Babalola? Should he not be given a fair chance to defend himself so we can all determine whether he deserves to face criminal consequences for his alleged defamation?

1.After reviewing the facts in both his writings and the police petitions against him, I find several troubling issues regarding the case brought against Dele Farotimi by Chief Afe Babalola and the Nigerian Police. These issues demand deeper scrutiny.

After all, EVERY NIGERIAN LIFE MATTERS. This is the guiding principle of our organization, Naija Lives Matter, and we firmly believe this applies to both the most deserving and the least deserving among us. Access to fair justice should not be the exclusive preserve of the powerful elites in Ikoyi. The underdogs in Fadeyi also deserve equal access to justice.

2 Today, I watched https://x.com/WestAfricaWeek/status/1864409782372728873 recorded just before Dele was arrested, where he claimed that some lawyers in Ekiti state were filing processes in court to give the impression that he was a fugitive from justice when he was very visible with a known place of residence that he sleeps in every night. and now I am now questioning whether he is being railroaded unfairly. Of course, this assumes his claims of ‘janakara’ actions against him that he made in the press conference are true and based on facts, since he also never dropped any receipts or proof of such a serious allegation at the press conference either.

While Dele’s comments against Chief Afe Babalola and other top legal luminaries were certainly egregious, what if he can substantiate his claims? Shouldn’t he be given a fair chance to do so?
Dele Farotimi has chosen to confront Chief Afe Babalola on a contentious hill. The least we can do is ensure a level playing field where he can present his defense. Right now, however, questions are arising about the manner of his arrest and the fairness of the process that lies ahead.

WHY WAS HE ARRESTED AND TAKEN TO EKITI?
WHO WAS DOING ‘JANKARA PRACITCE’ AGAINST HIM AS HE ALLEGED, IF TRUE?

Did the Ekiti Police follow due process when arresting a citizen in Lagos? Did they notify the Lagos State Police Command? Did they secure a Lagos court order, if required? Was the arrest warrant issued by a competent court, and was it properly registered in Lagos? These are procedural questions that every human rights lawyer should examine closely. Denial of a fair trial for one individual undermines the rule of law for all of us, no matter the alleged offense.

Every Nigerian life matters. There must be justice for the accused, just as there must be justice for the aggrieved. The aggrieved should not be controlling the narrative of how and where the accused should be tried.

3.I admit that, in my opinion, Dele likely has a case of possible libel to answer for the content of his book and video. His strong language, direct accusations, and fiery rhetoric—including allegations of conspiracy and corruption against Chief Afe and even the Supreme Court—are undeniable. But then TRUTH is a defence to Libel. What if he can prove the truth of his allegations?

Should he not be given a fair chance to do it? SO, While the authorities are within their rights to pursue a criminal case, (and I strongly believe this approach is harsh and unprecedented, particularly when alternative options such as civil litigation or bar disciplinary actions are available), they must ensure he has a fair chance to defend himself. If goes down because he cannot prove what he has been publicly railing baou and put in a book too, then he goes down.

So Regardless of the charges against him, if the state decides to proceed with a criminal trial, the process must be fair to the accused.

WHO WILL SPEAK OUT IF WE REMAIN SILENT?

This could easily be me, or any other outspoken critic of corruption in our society. If we fail to speak for Dele Farotimi today, no one will speak for us tomorrow when we face the same establishment. While Chief Afe has every right to seek redress in court, Dele must be afforded a fair and impartial trial. What if he has evidence to back his allegations? It might seem improbable, considering the caliber of some of those he has accused, but he deserves the chance to present his case. After all, truth remains a defense in cases of defamation, whether civil or criminal. So why take him to ekiti? Why try to make it look like he was a fugitive to justice when the man is very visible everyday to anyone who wants him?

Even someone caught committing murder in the presence of a judge is entitled to a fair trial. The same principle applies here. Why was Dele taken to Ekiti, a jurisdiction where Chief Afe’s influence is unparalleled? The governor himself reportedly defers to Chief Afe. How can anyone expect fairness under such circumstances?

4 FAIRNESS IS THE TEST OF OUR BELIEF IN RULE OF LAW AND FOUNDAMENTAL HUMAN RIGHTS, AND SYSTEM OF JUSTICE Dele’s book may have been distributed globally, but he resides in Lagos. Chief Afe also has offices and residences in Lagos. The events referenced in Dele’s book and videos occurred in Lagos. Logically, the trial should be held in Lagos. Instead, it appears the odds are being stacked against him—a true underdog facing a legal giant- by taking him to Ekiti, the stronghold of Chief Afe Babalola. That to me smells of unfairness. Unless of course the police have some good reasons to do that and we would all like to hear it.

It is time to raise these concerns, even if doing so is unpopular among my legal colleagues who are understandably upset by Dele’s combative rhetoric. While I have personally criticized his approach of blatantly naming names and condemning the same judiciary he practices before, as distasteful, I believe that the true test of our commitment to justice lies in applying the rule of law equally, even to those whose actions upset or offend us.

If Dele’s right to free speech infringed on the dignity of another, then he should be tried in a fair and impartial court. However, I do not believe such fairness is achievable in Ekiti State. I urge his lawyers to fight for a change of venue so we can witness a proper trial. Perhaps Dele will manage to substantiate his claims against Chief Afe Babalola after all.

EVERY NIGERIAN LIFE MATTERS

5 Finally, and I say this with profound respect for Chief Afe Babalola, but Supreme Court records show that his reputation as an attorney is not without blemish. The same Supreme Court that Dele has criticized once fined Chief Afe ₦10 million for conduct unbecoming of a senior lawyer. While this fact does not justify all of Dele’s allegations, it does highlight the need for transparency and fairness in this trial. Maybe there are more facts in his possession he can use to prove the truth of his assertions. We all must ensure he gets that fair chance to do so.

At the end of the day, who knows, Dele Farotimi might manage to do some damage at his trial, proving that his allegations have merit. While this seems unlikely, I am no longer convinced that he is simply ranting without basis. Let us have a fair trial. If Dele must face consequences for his actions, let it happen in full public view, where he has the opportunity to defend himself.

This is still a democracy. If they come for your neighbor and you remain silent, who will speak for you when your turn comes?

My name is OPe Banwo, and as founder of Naija lives Matter I say lets not rush a Daniel to justice. We must all pay close attention on how this ‘war’ plays out between one of the most influential and powerful lawyers in Nigeria and a human rights activist, who may or may not have bitten more than he can chew. Eggregious comments or not, Dele Farotimi must still be given a fair chance and a fair day in court to prove what he has asserted, as required by our legal system.

Ope Banwo
Self-Styled Mayor of Fadeyi
Founder, Naija Lives Matter